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not just miranda. it's miranda, it's the engagement of lawyers and it's an entirely different scenario. do you think we will have trouble prosecuting this guy? >> of course not. we don't need his confession. >> why didn't we wait? >> wait, wait. >> that would have been completely lawless. don't blame the justice department -- >> wait, you just said it was an act of terror. >> of course. >> and a crime. >> and you can still prosecute later, but in the meantime before you offer miranda rights, get some of america's best interrogators in there and you find out what this guy knows. is he connected to a larger cell? are there pending attacks? are there foreign links? where did the training come from? how did you learn to make the bombs? basic simple questions this we need to know because the safety and security of the american people in this case i think are paramount. >> sean, do you know who gave him his miranda rights? >> i don't know exactly who but we were told he was. >> a federal judge, a magistrate
not just miranda. it's miranda, it's the engagement of lawyers and it's an entirely different scenario. do you think we will have trouble prosecuting this guy? >> of course not. we don't need his confession. >> why didn't we wait? >> wait, wait. >> that would have been completely lawless. don't blame the justice department -- >> wait, you just said it was an act of terror. >> of course. >> and a crime. >> and you can still prosecute later, but in...
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you've been hearing a lot about miranda rights. there's issue at play here that need to be clarified. we're going to read a couple of the things said from the hearing. we have the transcript. the judge said, quoting here, you have been charged with one use of a weapon often mass destruction and malicious destruction of property resulting in death. the case is being prosecuted in part by william weinreb. the maximum penalty on each count is death or imprisonment for any terms of years, or life. and there was this finding from the judge, and this one is important. quote, i find that the defendant is alert, mentally competent, and lucid. he is aware of the nature of the proceedings. okay? so that is the basis for the discussion. joined by retired superior court judge isaac borenstein in boston. he's done hospital visits over his 22 years as a judge. let us begin with the idea, confusion and frustration about miranda rights. give them right away, if you don't give them, then this prosecution is astray. what is the basic understanding o
you've been hearing a lot about miranda rights. there's issue at play here that need to be clarified. we're going to read a couple of the things said from the hearing. we have the transcript. the judge said, quoting here, you have been charged with one use of a weapon often mass destruction and malicious destruction of property resulting in death. the case is being prosecuted in part by william weinreb. the maximum penalty on each count is death or imprisonment for any terms of years, or life....
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it was unclear if he was read his miranda rights. but in washington, white house spokesman jay carney said he's a naturalized u.s. citizen, so he will not face a military tribunal. >> he will not be treated as an enemy combatant. we will prosecute this terrorist through our civilian system of justice, under us law. u.s. citizen can not be trialed, tried rather in military commissions. and it's important to remember that since 9-11 we have used the federal court system to convict and incarcerate hundreds of terrorists. >> brown: tsarnaev was also likely to face state charges in the shooting death of a police officer at m.i.t. it all followed his dramatic capture friday evening, when he was found hiding and wounded in a boat behind a home in the boston suburb of watertown. his older brother tamarlen died hours earlier in a shoot-out with police that triggered the all-day manhunt and shut down the city. yesterday, on cbs, massachusetts governor deval patrick stood by the unprecedented measures. >> i think people understood that we were
it was unclear if he was read his miranda rights. but in washington, white house spokesman jay carney said he's a naturalized u.s. citizen, so he will not face a military tribunal. >> he will not be treated as an enemy combatant. we will prosecute this terrorist through our civilian system of justice, under us law. u.s. citizen can not be trialed, tried rather in military commissions. and it's important to remember that since 9-11 we have used the federal court system to convict and...
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. >> stephanie: the miranda rights not being read right away -- clearly that was an emergency. perhaps i'm not as versed of my civil liberties as i should be. >> in danger of being punted. >> stephanie: exactly. >> talking to you sorority girl. >> stephanie: kevin in dc. welcome. >> caller: good morning. what a sight for sore eyes as always. i mean you're a sight for sore eyes -- >> stephanie: sure. all right. thank you. >> caller: sorry. it's early what do you want? [ laughter ] >> stephanie: uh-huh. >> caller: i was calling kind of in frustration. does everything have to be political? the boston tragedy, what has hand to those poor people i'm still horrified about it. but the caller that called you the day after and tried to ridiculously compare it to bush and the official that was babbled about the [ inaudible ] that had an ak 15. are these people human? how do we get to this point? i'm not all saying all democrats or liberals or progressives whatever you want to call it all have halos over their head but it appears to me we are not as reactionary as they are. there doesn't
. >> stephanie: the miranda rights not being read right away -- clearly that was an emergency. perhaps i'm not as versed of my civil liberties as i should be. >> in danger of being punted. >> stephanie: exactly. >> talking to you sorority girl. >> stephanie: kevin in dc. welcome. >> caller: good morning. what a sight for sore eyes as always. i mean you're a sight for sore eyes -- >> stephanie: sure. all right. thank you. >> caller: sorry. it's...
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if it was given prior to the reading of his miranda rights, it would probably be unlikely they would use that against him in court. if it was used voluntarily afterwards, likely he would. about the fact he has lawyered up, most likely we could send the information probably came prior to his reading of the miranda rights. we don't know that right now. >> thank you very much indeed. an extraordinary court session took place inside his hospital room. a transcript of that hearing tonight that tells us about the accused bomber and the case. jason, tell us what happens, it is fascinating. >> it really is and it is an nine page transcript we got hold of. what i can tell you is this proceeding lasted about ten or 15 minutes, started about 11:30 this morning. all of the key figures came into the hospital room and all of them introduce themselves. you had the u.s. judge there and attorneys from both sides. a court reporter there as well. and everyone present wanted to make sure that he knew exactly what was going on, know about the charges that he is facing. let me read you some of the key sec
if it was given prior to the reading of his miranda rights, it would probably be unlikely they would use that against him in court. if it was used voluntarily afterwards, likely he would. about the fact he has lawyered up, most likely we could send the information probably came prior to his reading of the miranda rights. we don't know that right now. >> thank you very much indeed. an extraordinary court session took place inside his hospital room. a transcript of that hearing tonight that...
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would not be read his miranda rights as part of the fifth amendment public safety exception the problem with this is that the exception doesn't actually legally fit the suspect and for those of you who have no idea what miranda rights are the rights read to every person who is arrested in the u.s. media aftermath of the suspects detention certain elected officials quickly took to the internet to offer their two cents on how to treat the suspects south carolina senator lindsey graham said quote the last thing we may want to do is read boston suspect miranda rights time to quote remain silent and then a follow up by saying if captured i hope administration will least consider holding the boston suspect as enemy combatant for intelligence gathering purposes some state representatives took the sentiment even further calling actually torture the suspect new york state senator gregg paul wrote sos come bag number two in custody who wouldn't want to use torture on this punk to save more lives. i wouldn't and no one else that actually respects the rule of law and the constitution because guess
would not be read his miranda rights as part of the fifth amendment public safety exception the problem with this is that the exception doesn't actually legally fit the suspect and for those of you who have no idea what miranda rights are the rights read to every person who is arrested in the u.s. media aftermath of the suspects detention certain elected officials quickly took to the internet to offer their two cents on how to treat the suspects south carolina senator lindsey graham said quote...
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>> it's not clear whether he provided this information before or after he was read his miranda rights. i don't know. . i know, this is according to a government source, what he has told them in the preliminary investigations. >> jake tapper, thank you very much. obviously significant information there. new information from jake tapper. i want to bring in our panel live tonight. seth jones associate director of the security defense policy center at the rand corporation. former member of the joint terrorism task force and jeffrey toobin our legal analyst. jake is saying -- this is significant in terms of the information in this. but obviously a crucial question out there which is was it obtained before or after those miranda rights were read? >> the irony here is what he is saying is not particularly helpful to him. what would be helpful to him is if he had a conspiracy he could make the government to make a deal to avoid the death penalty. if he is simply saying it is me and my brother, what does he have to negotiate with? >> there's no one to else to give up. >> right. >> and frankly,
>> it's not clear whether he provided this information before or after he was read his miranda rights. i don't know. . i know, this is according to a government source, what he has told them in the preliminary investigations. >> jake tapper, thank you very much. obviously significant information there. new information from jake tapper. i want to bring in our panel live tonight. seth jones associate director of the security defense policy center at the rand corporation. former member...
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would not be read his miranda rights as part of the fifth amendments public safety exception the problem with this is that the exception doesn't actually legally fit the suspect and for those of you who have no idea what miranda rights are the rights read to every person who is arrested in the u.s. media aftermath of the suspects detention certain elected officials quickly took to the internet to offer their two cents on how to treat the suspect south carolina senator lindsey graham said quote the last thing we may want to do is read boston suspect miranda rights telling him to quote remain silent and then followed up by saying if captured i hope administration will lease consider holding the boston suspect as enemy combatant for intelligence gathering purposes but some state representatives took the sentiment even further calling to actually torture the suspect new york state senator gregg paul wrote sos scumbag number two in custody who wouldn't want to use torture on this punk to save more lives. i wouldn't and no one else that actually respects the rule of law and the constitution be
would not be read his miranda rights as part of the fifth amendments public safety exception the problem with this is that the exception doesn't actually legally fit the suspect and for those of you who have no idea what miranda rights are the rights read to every person who is arrested in the u.s. media aftermath of the suspects detention certain elected officials quickly took to the internet to offer their two cents on how to treat the suspect south carolina senator lindsey graham said quote...
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miranda rights. we've watched enough detective shows no know, police shows, they give miranda rights almost like blah, blah, blah, blah, blah. it's done. why do you think that's an issue? now we just got the word as we went on the air tonight the defendant here, the suspect, i guess he's a defendant now, has been given his miranda rights. >> this is truly something of an urban legend. people like to watch shows where a criminal goes free because he wasn't given miranda rights. that's extremely rare. i do criminal defense work. i can tell you, the most you can hope for in a miranda case is one or two statements will not make it into court. it's rare the whole case falls out unless everything -- >> so it's not the poison fruit thing? >> there is a poison fruit provision, standard. but it's very rare for it to pollute an entire case. >> let me ask you practically, why don't the law enforcement officials, the federal officials up there who have him in custody at the hospital, why didn't they just do this
miranda rights. we've watched enough detective shows no know, police shows, they give miranda rights almost like blah, blah, blah, blah, blah. it's done. why do you think that's an issue? now we just got the word as we went on the air tonight the defendant here, the suspect, i guess he's a defendant now, has been given his miranda rights. >> this is truly something of an urban legend. people like to watch shows where a criminal goes free because he wasn't given miranda rights. that's...
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courts for that purpose. >> so you just mentioned miranda. so the other thing, the big thing that happened today there are two remarkable events today. there was the filing of the criminal complaint, which i was waving around, and they released a suspect of a procedural hearing that happened actually at the bedside in the hospital with a federal magistrate who was brought in. that federal magistrate informed dzhokhar tsarnaev, the 19-year-old suspect, of his rights to counsel, and there was actually defense counsel present. my question to you is he was apprehended friday night. he has been in and out of consciousness as far as we can tell. he has a throat wound, so he is writing things down. the administration has made use of a public safety exception in not reading him his rights. and i want to read from a memo in 2010 that went out to the fbi from the justice department that says there may be exceptional cases in which although all relevant public safety questions have been asked, are there other plots, other bombs, et cetera, agents noneth
courts for that purpose. >> so you just mentioned miranda. so the other thing, the big thing that happened today there are two remarkable events today. there was the filing of the criminal complaint, which i was waving around, and they released a suspect of a procedural hearing that happened actually at the bedside in the hospital with a federal magistrate who was brought in. that federal magistrate informed dzhokhar tsarnaev, the 19-year-old suspect, of his rights to counsel, and there...
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there is a lot of truth, wait waive to give miranda rights. defense attorneys will do that inevitablely in a case like this especially where it's going to be what he says. >> megyn: the obligation is to protect his client, not to protect us. you need to have somebody looking out for you. he did, he did some things right after the break when our panel continues. okay, team! after age 40, we can start losing muscle -- 8% every 10 years. wow. wow. but you can help fight muscle loss with exercise and ensure muscle health. i've got revigor. what's revigor? it's the amino acid metabolite, hmb to help rebuild muscle and strength naturally lost over time. [ female announcer ] ensure muscle health has revigor and protein to help protect, preserve, and promote muscle health. keeps you from getting soft. [ major nutrition ] ensure. nutrition in charge! >>. >> megyn: back mercedes and mark according to some reports, not independently confirmed he is claiming by writing out answers because he can't speak that well that his brother, his older brother wanted
there is a lot of truth, wait waive to give miranda rights. defense attorneys will do that inevitablely in a case like this especially where it's going to be what he says. >> megyn: the obligation is to protect his client, not to protect us. you need to have somebody looking out for you. he did, he did some things right after the break when our panel continues. okay, team! after age 40, we can start losing muscle -- 8% every 10 years. wow. wow. but you can help fight muscle loss with...
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he does not need to see his miranda rights read to him in bed. laughable. >>steve: from what i've read this morning, apparently it was their mother who pushed them towards islam, a very extreme form of islam. you've got to wonder whether or not the widow of the older brother, who is now with her parents, knew anything. there she is right there. catherine russell tsarnaev. she reportedly didn't have any reason to suspect him. why? because she was apparently working 70 to 80 hours a week as a home health care aide. while she was away, he was supposedly taking care of the three-year-old toddler. >>gretchen: she had totally changed who she was. many people allege she had been brain washed by this radical islam thought, that she was a christian before, and three years ago she decided to convert. but not only just convert; really get into the depths of it and change exactly who she was. we saw her there in the garb. people who knew her in high school said she was nothing like she was before. she dropped out of college. she had aspired to become somebody and decid
he does not need to see his miranda rights read to him in bed. laughable. >>steve: from what i've read this morning, apparently it was their mother who pushed them towards islam, a very extreme form of islam. you've got to wonder whether or not the widow of the older brother, who is now with her parents, knew anything. there she is right there. catherine russell tsarnaev. she reportedly didn't have any reason to suspect him. why? because she was apparently working 70 to 80 hours a week as...
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able to speak he was severely injured and a little confused as to why he was unnecessarily read his miranda rights if there was no evidence at the time but an imminent threat was about to take place because he was in custody and his brother had been killed and i'm very happy that he won't be tried as a enemy combatants because you know it's important to remember that despite the fact he you know committed a terrible crime he's an american citizen entitled to certain protections you know whether you come into the country or you're born here you are entitled those protections matthew feeney he's editor at associate editor at reason twenty four seven thank you for joining us by having me well as one small step for space exploration one huge leg up on the competition yet another private company has entered the commercial space arena and it's giving space x. a run for its money the orbital sciences corporation launched its new rocket from wallops island virginia on sunday it's the first step for this company in a race to supply the international space station are to correspondent margaret howl w
able to speak he was severely injured and a little confused as to why he was unnecessarily read his miranda rights if there was no evidence at the time but an imminent threat was about to take place because he was in custody and his brother had been killed and i'm very happy that he won't be tried as a enemy combatants because you know it's important to remember that despite the fact he you know committed a terrible crime he's an american citizen entitled to certain protections you know whether...
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jenna: please. >> i don't have a problem with miranda rights. this man can only be tried in federal court. he's never eligible for military commissions. a first year law student could convict this person. what i'm worried about is what does he know about future attacks? he's telling us that his brother was the bad guy, he's sort of just along for the ride. they had no international connections. guess what, he's down-playing his involvement. what i am suggesting is that we use the national security legal system where we can interview him without a lawyer to gather intelligence to prevent a future attack, rather than having to negotiate through his lawyer to get any information. jenna: but, if i could, senator, there seems to be a lot of discrepancy about some of the information come being out about this investigation. >> right. jenna: we've all seen it, you know, played out on the news and otherwise. i would like to drill down a little bit into an even change you just had about the boston terror attacks with the s*epbg o secretary of home land se
jenna: please. >> i don't have a problem with miranda rights. this man can only be tried in federal court. he's never eligible for military commissions. a first year law student could convict this person. what i'm worried about is what does he know about future attacks? he's telling us that his brother was the bad guy, he's sort of just along for the ride. they had no international connections. guess what, he's down-playing his involvement. what i am suggesting is that we use the national...
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but also on the same time now we have a suspect who already was read his miranda rights. he already have a lawyer present. and i don't think that should affect any trained interrogator, any trained interviewer in doing their job. we have been doing this for many, many years. we did it against terrorist suspects, organized crimes, people who are charged with treason, spies, and it always worked, and it always gets the intended results. >> in terms of this breaking news that we've just got tonight. again, this is a senior government official saying that the initial interrogation of dzhokhar tsarnaev in his hospital bed, he says that he and his brother were not in touch with any overseas terrorists or groups. they conceived the attack on their own, motivated he told them by religious fervor. that's the language that i have been given. how -- how should that be approached in terms of strategically trying to unwind any threats that might exist beyond these young men? they're saying they acted alone. but presumably, the thing that made them want to do this could make other peop
but also on the same time now we have a suspect who already was read his miranda rights. he already have a lawyer present. and i don't think that should affect any trained interrogator, any trained interviewer in doing their job. we have been doing this for many, many years. we did it against terrorist suspects, organized crimes, people who are charged with treason, spies, and it always worked, and it always gets the intended results. >> in terms of this breaking news that we've just got...
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his miranda rights were read to him. they decided to read him his miranda rights. those were given to him today as well. the security here is very tight. in fact, what is interesting is, he potentially might get out of the hospital later than many of his victims that are also here recovering. greta? >> adam, in terms what have went down before he was mirandized, was he interviewed by the fbi or anybody in the last couple of days since he was taken into custody? did he give him information that they considered valuable and helpful? >> reporter: we learned a cowl of things. 1; yes, there were questions asked of him. the first few hours if not more than that, they were worried about making sure should thguy survives. he got here on friday night in pretty bad condition. he bled from injuries nearly 20 hours. he was obviously in rough condition. so the number-1 priority was to make sure he survived to get information from him. questions were asked of him before he was mirandized. they haven't said of course, they are not going to give away what he said. i did talk to on
his miranda rights were read to him. they decided to read him his miranda rights. those were given to him today as well. the security here is very tight. in fact, what is interesting is, he potentially might get out of the hospital later than many of his victims that are also here recovering. greta? >> adam, in terms what have went down before he was mirandized, was he interviewed by the fbi or anybody in the last couple of days since he was taken into custody? did he give him information...
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and his miranda rights were read to him. there was reporting if they weren't going to, but they decided to read him his miranda rights and those were given to him today as well. the security here is still very tight. what is interesting is he potentially might get out of the hospital later than many of his victims that are here also recovering. greta. >> adam, in terms of what went down before he was mirandized, was he interviewed by the fbi or by anybody in the last couple days since he was taken into custody? and it he give them information that they considered valuable and helpful? >> we learned a couple of things. yes, there were questions asked of him. the first few hours, if not more than that, obvious think they were making sure he survived so you had that situation. he got here friday night in pretty bad condition. he bled for nearly 24 hours and then the fire fight at the boat. the number one priority for them was to make sure he survived so they could get information from him. questions were asked of him before he
and his miranda rights were read to him. there was reporting if they weren't going to, but they decided to read him his miranda rights and those were given to him today as well. the security here is still very tight. what is interesting is he potentially might get out of the hospital later than many of his victims that are here also recovering. greta. >> adam, in terms of what went down before he was mirandized, was he interviewed by the fbi or by anybody in the last couple days since he...
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earhart was finally read his miranda rights. john r. san his one word no when asked if he could afford an attorney. he is alert and mentally competent and aware of the circumstances that he is facing. also malicious destruction of property with an explosive device if convicted he could face the death penalty. tamara has communicated by using rioting. he was held up in a boat last friday. gerard 26 year-old brother use of the marathon bombing that killed three people injured over a hundred and 70 people and including carjacking and that engaging in a shootout and kill in the off. kill with police under bridge droll over while flame. the kid rush of when asked if he can afford lived in the united states for 10 years. just last year in is unclear he was doing in rush the court has resulting in death. yet or did he have any contact with others. exploside device resulting >> pam: in death. if convicted.he could face >> catherine: the death penalty. people with investigators.mostly across the city of boston through writing and headhe's in ser
earhart was finally read his miranda rights. john r. san his one word no when asked if he could afford an attorney. he is alert and mentally competent and aware of the circumstances that he is facing. also malicious destruction of property with an explosive device if convicted he could face the death penalty. tamara has communicated by using rioting. he was held up in a boat last friday. gerard 26 year-old brother use of the marathon bombing that killed three people injured over a hundred and...
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. >> some believe despite yesterday's reading of his miranda rights the federal government still holds swooifr the younger tsarnaev. negotiate ago plea deal under which he would cooperate with authorities in exchange for sparing his life remains an option. >>> the wife of the dead boston bombing suspect found out her husband and brother in law were the accused bomber the same way all americans did on tv. her lawyer claims she suspected nothing this as they ask another question was tamerlan tsarnaev involved in a 2009 triple murder. molly, we also hear that there is good news today about the victim. >> good morning, heather. two in critical condition. doctors are telling us everyone now in the hospital are expect to do survive. there were 14 patients that lost lefshs. boston medical center say many are up and walking and they are preparing for a massive exodus as they call it to rehab. many recoveries underway. investigators are looking to speak with suspect number one's wife tamerlan tsarnaev was married to katherine russell tsarnaev. they met in college in 2010 and sometime around tha
. >> some believe despite yesterday's reading of his miranda rights the federal government still holds swooifr the younger tsarnaev. negotiate ago plea deal under which he would cooperate with authorities in exchange for sparing his life remains an option. >>> the wife of the dead boston bombing suspect found out her husband and brother in law were the accused bomber the same way all americans did on tv. her lawyer claims she suspected nothing this as they ask another question...
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up next to the boston and bombing suspect read miranda rights. what happened to enemy combat and? he has been assigned three public defenders to ask if we're fighting a war or is this a legal issue? "dobb's law" takes up the case with our attorneys. there necks. ♪ 50% more yeeeaaahhhh!!!! ♪ 50% more yeah yeah [ male announcer ] the capital one cash rewards card gives you 1% cash back on every purchase, plus a 50% annual bonus on the cash you earn. it's the cd for people who like more cash. ♪ 50% more boogie ♪ what's in your wallet? cashhh!!! lou: senator lindsay gramm rail against the government's handling of the boston marathon bomber case. >> we don't believe tear at toward the fighting crime and these are wavered people and this is not that big of a deal. give him of lawyer and reid and his rights and we will plea-bargain we're not fighting international radical islamist to hate our debts and we're sending the signal to disarm ourselves at a time of great threat. lou: he had of bellyful of the nonsense since boston and the fellow who was no longer the enemy combat and.
up next to the boston and bombing suspect read miranda rights. what happened to enemy combat and? he has been assigned three public defenders to ask if we're fighting a war or is this a legal issue? "dobb's law" takes up the case with our attorneys. there necks. ♪ 50% more yeeeaaahhhh!!!! ♪ 50% more yeah yeah [ male announcer ] the capital one cash rewards card gives you 1% cash back on every purchase, plus a 50% annual bonus on the cash you earn. it's the cd for people who like...
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person soon i do also want to bring up the fact that there was a lot of questions about them and the miranda rights in this case whether or not he was going to be run office like he wasn't at first and that was because of the public safety exception now the obama administration has been using this public safety issue exception for quite some time they actually extended it back in two thousand and eleven but can you give us a little bit more detail about what falls under the public safety exception and also my other question to you would be does it undermine the constitution to have these exceptions well i'm not a constitutional so i don't want to talk to you know with to having an opinion on the other constitutional interpretation but it seems to be in place for if the public safety exception seems to be in place if there's good reason to think there could be imminent threat and after the young man was apprehended he was wasn't able to speak he was you know severely injured and i mean a little confused as to why he was unnecessarily read is miranda rights if there was no evidence at the time
person soon i do also want to bring up the fact that there was a lot of questions about them and the miranda rights in this case whether or not he was going to be run office like he wasn't at first and that was because of the public safety exception now the obama administration has been using this public safety issue exception for quite some time they actually extended it back in two thousand and eleven but can you give us a little bit more detail about what falls under the public safety...
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from dzhokhar tsarnaev to investigators, we do not know if that was before or after he received his miranda warnings or before or after he obtained counsel. that's an excellent point. one of the things we do know that he is saying apparently is that it was his brother tamerlan who was the mastermind here. is that something that could be helpful to his defense if he was merely following his brother? >> well, it will be helpful to his defense in the sense of mitigating the penalty that he might end up suffering. from what i've read and what i've seen, he's clearly as culpable as his brother. the videos that they picked up, and the statements that he made to the driver of the suv, all would indicate that he was a willing participant in this crime, and also the fact that he fled from the scene would further indicate his willingness to participate in this crime. however, any influence that he might have suffered from his brother, his brother's influence on him, may again go to mitigate any penalty that might be imposed upon him. whether he ends up getting the death penalty or whether he ends up
from dzhokhar tsarnaev to investigators, we do not know if that was before or after he received his miranda warnings or before or after he obtained counsel. that's an excellent point. one of the things we do know that he is saying apparently is that it was his brother tamerlan who was the mastermind here. is that something that could be helpful to his defense if he was merely following his brother? >> well, it will be helpful to his defense in the sense of mitigating the penalty that he...
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he's been given his miranda warnings and probably anything he said without his miranda warnings is not going to be needed by the government or the prosecution. remember, they did not indict him as a terrorist, that's very important. they indicted him as an ordinary murderer, anybody who wants to kill their mother-in-law, business partner and makes an improvised explosive device and kills them is just as guilty under the statute indicted as osama bin laden might be. this is not a terrorist prosecution. they don't have to prove intent to terrorize, intent to intimidate. they can prove their case just through the videotapes. now, i predict there are going to be two types of possible defenses in this case. number one, the jihad defense. i did it, i'm proud, i'm happy, please kill me, i want to join my brother in paradise. i'm a martyr. the other, my brother made me do it, i am innocent, look at my face, look at my high school record, i really didn't mean it, don't give me the death penalty. i think from what we have heard now, the jihad defense seems like it is off the table. he is prepare
he's been given his miranda warnings and probably anything he said without his miranda warnings is not going to be needed by the government or the prosecution. remember, they did not indict him as a terrorist, that's very important. they indicted him as an ordinary murderer, anybody who wants to kill their mother-in-law, business partner and makes an improvised explosive device and kills them is just as guilty under the statute indicted as osama bin laden might be. this is not a terrorist...
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. >> he did not need to see his miranda rights read to him in bed. it's laughable. >> the enemy is radical islam. >> i'd waterboard him, myself. >>> you are about to look live at a press conference in boston. where governor deval patrick and mayor thomas menino are about to speak about the formation and purpose of the one fund boston campaign. designed to assist those who are affected by last week's bomb attacks. this takes place as dzhokhar tsarnaev lies in a hospital bed facing charges. his condition now reported as fair. more than a week after the bombing, 45 of the scores of wounded remain hospitalized, and at least 13 have lost limbs. for the victims, the physical and emotional toll comes with a very real financial one as well. massive bills for trauma care, prosthetic limbs and even home modifications. not to mention, lengthy physical rehab and psychological counseling. as such, one fund boston is stepping in to help. already raising over $10 million for victims and their families. and while the injured struggle with recovery, the families of t
. >> he did not need to see his miranda rights read to him in bed. it's laughable. >> the enemy is radical islam. >> i'd waterboard him, myself. >>> you are about to look live at a press conference in boston. where governor deval patrick and mayor thomas menino are about to speak about the formation and purpose of the one fund boston campaign. designed to assist those who are affected by last week's bomb attacks. this takes place as dzhokhar tsarnaev lies in a...
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it allows the justice department to delay reading a suspect his miranda rights if doing so is in the interest of -- quote -- "public safety." the administration had rightly invoked this public safety exception in the case of the boston suspect which provided our national security professionals a discreet period of time to gather intelligence from the suspect without the presence of his lawyer. however, soon after questioning him this way, the administration recently reversed itself and read the suspect his miranda rights. in doing so, the administration, in my view, gave up a valuable opportunity to lawfully and thoroughly question the suspect for purposes of gathering intelligence about potential future terrorist plots. whether we will be able to acquire such information has now been left entirely at the discretion of the suspect and his lawyer. put simply, the suspect has been told he has the right to remain silent, and if he doesn't want to provide intelligence, he doesn't have to. is this a responsible balance between a citizen's rights and our national security? the suspect had
it allows the justice department to delay reading a suspect his miranda rights if doing so is in the interest of -- quote -- "public safety." the administration had rightly invoked this public safety exception in the case of the boston suspect which provided our national security professionals a discreet period of time to gather intelligence from the suspect without the presence of his lawyer. however, soon after questioning him this way, the administration recently reversed itself...
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all of this is moot right now, because as you know, yesterday, he was formally given his miranda rights and a judge magistrate at his bed side with a court-appointed attorney, a public defender. this is moot as the obama administration has made its decision. is lindsey graham on sound legal ground, saying he should be tried in a civilian court, but held and questioned as an enemy combatant? >> i think the only fair answer to that question is we don't know. because it's never been done before in american history to have some sort of hybrid combatant and criminal proceeding. we do know from jake tapper's reporting, there was an interrogation of tsavraev. and he did disclose his position that there was no broader conspiracy here. just him and his pressure. it seems like the justice department and the fbi have done the kind of interrogation that at least -- that lindsey graham seems to want to have been done, perhaps not as extensive as it might have been. but there was a premiranda interrogation and authorities can work with that, at least now going forward. >> i think that's a fair point.
all of this is moot right now, because as you know, yesterday, he was formally given his miranda rights and a judge magistrate at his bed side with a court-appointed attorney, a public defender. this is moot as the obama administration has made its decision. is lindsey graham on sound legal ground, saying he should be tried in a civilian court, but held and questioned as an enemy combatant? >> i think the only fair answer to that question is we don't know. because it's never been done...
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life he's also facing a fine of up to two hundred fifty thousand dollars we do know of course that his miranda rights were presented to him his right to remain silence as well as his right to an attorney throughout this brief encounter with the judge and we do know that mostly turn iof was. nodding and automation of hearing what he was being told he only spoke once when asked whether or not he's able to afford a lawyer and he said no so legal counsel is going to be presented to him it's important to note that earlier there was a lot of discussion surrounding the possibility of trying as an enemy combatant this is something that certain republican lawmakers in the united states were rooting for this is not been the case of course we're talking about a u.s. citizen who became a u.s. citizen last year on september eleventh and has been living in the united states for over a decade the older brother to milan certainly i have twenty six year old to milan of course died in a boston hospital after being taken into custody by police and the f.b.i. has been highly criticized for avoiding to take note o
life he's also facing a fine of up to two hundred fifty thousand dollars we do know of course that his miranda rights were presented to him his right to remain silence as well as his right to an attorney throughout this brief encounter with the judge and we do know that mostly turn iof was. nodding and automation of hearing what he was being told he only spoke once when asked whether or not he's able to afford a lawyer and he said no so legal counsel is going to be presented to him it's...
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tsarnaev was read his miranda rights in a brief bedside session in the intensive care unit at boston's beth israel hospital. the appearance began when a magistrate judge asked a doctor whether he was alert saying you can rouse him. according to a transcript of the appearance, tsarnaev nodded for times to questions but spoke just one word. when asked can you afford a lawyer, he answered simply -- no. the government says it has photographic evidence placing tsarnaev and his brother at the scene of the bombings as well as physical evidence tying them to the attacks. in the complaint the fbi says that at 2:38 p.m. on the day of the bombings, 11 minutes before the first bomb went off, a surveillance camera shows dzhokhar and tamerlan tsarnaev walking toward the boston marathon finish line with backpacks. then a surveillance camera mounted on the restaurant nearby captures crucial pieces of evidence. seven minutes before the first bombing the video which still hasn't been released shows dzhokhar walking toward the second bombing site. three minutes later he works his way into the crowd and t
tsarnaev was read his miranda rights in a brief bedside session in the intensive care unit at boston's beth israel hospital. the appearance began when a magistrate judge asked a doctor whether he was alert saying you can rouse him. according to a transcript of the appearance, tsarnaev nodded for times to questions but spoke just one word. when asked can you afford a lawyer, he answered simply -- no. the government says it has photographic evidence placing tsarnaev and his brother at the scene...
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life he's also facing a fine of up to two hundred fifty thousand dollars we do know of course that his miranda rights were presented to him his right to remain silence as well as his right to an attorney throughout this brief encounter with the judge it we do know that mostly her knife was. not even off the mission of hearing what he was being told he only spoke once when asked whether or not he is able to afford a lawyer and he said no so legal counsel is going to be presented to him for free now what we have going on now is a period of voluntary detention without bail and probable cause hearing for now has been scheduled for may thirtieth it's important to note that earlier there was a lot of discussion surrounding the possibility of trying as a as an enemy competent this is something that certain republican lawmakers in the united states were rooting for this is not been the case of course we're talking about a u.s. citizen who became a u.s. citizen last year on september eleventh and has been living in the united states for over a decade since two thousand and two so the enemy combat compe
life he's also facing a fine of up to two hundred fifty thousand dollars we do know of course that his miranda rights were presented to him his right to remain silence as well as his right to an attorney throughout this brief encounter with the judge it we do know that mostly her knife was. not even off the mission of hearing what he was being told he only spoke once when asked whether or not he is able to afford a lawyer and he said no so legal counsel is going to be presented to him for free...
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as you know there was a public safety exemption before he was read his miranda rights. so there was time when law enforcement had the opportunity to talk to him before he had quote/unquote lawyered up. but we don't know yet whether or not this information came before he said he understood his rights, or after. >> all right, jake tapper, terrific reporting. great to have you here this morning. >> thanks, john. >> don't miss "the lead" every day at 4:00. we're also learning more this morning about -- we're learning more this morning about criminal complaints against tsarnaev detailing step by step how the deadly attack on the boston marathon unfolded. our coverage continues this morning with miguel marquez outside best israel deaconess medical center right here in boston. good morning, miguel. >> good morning, john. this is the criminal complaint that contains what we expect are the first charges. we'll see many more against mr. tsarnaev. in the criminal complaint, investigators built a minute by minute account of the tsarnaev brothers as they moved the crowds at the mara
as you know there was a public safety exemption before he was read his miranda rights. so there was time when law enforcement had the opportunity to talk to him before he had quote/unquote lawyered up. but we don't know yet whether or not this information came before he said he understood his rights, or after. >> all right, jake tapper, terrific reporting. great to have you here this morning. >> thanks, john. >> don't miss "the lead" every day at 4:00. we're also...
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i don't care if you read people miranda rights. i just don't want you to shut down the intelligence-gathering process. that individual was never designated an enassembly combatant. only way he agreed to cooperate is f.b.i. flew to his family i and his parents convinced him. times square bomber, the times square bombing incident, he had pakistan/taliban ties. read miranda rights, never designated enemy combatant. we never terroristed him for intelligence gathering purposes. osama bin laden's soim, abu gazey is in the federal system today and read miranda rights. never designated enemy combatant. can you imagine what osama bin laden's son-in-law could tell us about the terrorist organizations? he was the spokesman for al qaeda after 9/11. so there's a disturbing pattern here, quite frankly, of not gathering intelligence when that opportunity exists. thank you very much. i have to go. i will get a pen and pad and go next door to answer any questions if you have about the f.b.i. and, again, we're going to absorb a moment of silence her
i don't care if you read people miranda rights. i just don't want you to shut down the intelligence-gathering process. that individual was never designated an enassembly combatant. only way he agreed to cooperate is f.b.i. flew to his family i and his parents convinced him. times square bomber, the times square bombing incident, he had pakistan/taliban ties. read miranda rights, never designated enemy combatant. we never terroristed him for intelligence gathering purposes. osama bin laden's...
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he was read his miranda rights. they tried it and he couldn't speak. >> he will still be interrogated though. >> the intelligence information takes weeks and months to get out of somebody. i am not talking about enhanced an teargas, but they should have taken this guy to guantanamo bay and let him look at the bright caribbean sun for awhile and he will start talking. >> i want to go to bill about this lyndsay graham talking about how the fbi didn't know that tamerlan went on a overseas trip because his name was misspelled. >> he went over to russia, but apparently when he got on the airplane they miss sh -- misspelled his name so it never went in the system that he went to russia. >> it happens to you all the time. schulz with a t and schulz without a t. >> it has let me live on the funds of snoopy money. i am related to charles and off i go. if lyndsay graham had just stuck to that talking poimt he could have gone to any one of the sunday shows. lyndsay graham is on more sunday shows than self-important music on th
he was read his miranda rights. they tried it and he couldn't speak. >> he will still be interrogated though. >> the intelligence information takes weeks and months to get out of somebody. i am not talking about enhanced an teargas, but they should have taken this guy to guantanamo bay and let him look at the bright caribbean sun for awhile and he will start talking. >> i want to go to bill about this lyndsay graham talking about how the fbi didn't know that tamerlan went on a...
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osama bin laden's son and law is in federal court -- the federal system today, was read his miranda rights. he has never been designated. can you imagine what a sum of bin laden's son in law can tell us about the terrorist organization put he was the spokesman after 9/11. there is a disturbing pattern of not gathering intelligence when that opportunity exists. they care very much. i have to go. we will go next door to answer any questions that you have about the act by and we are going to observe a moment of silence for the folks in boston. [captions copyright national cable satellite corp. 2013] [captioning performed by national captioning institute] >> stakeholders testified on capitol hill on the immigration bill. john mccain, chuck schumer, dick durbin, lindsey graham, robert menendez, marker rubio, jeff flake, and michael bennett are the architects of the legislation. >> about the problems with the program, and i am happy we will find a way with this improved program to make this work better. sometimes the alphabet soup of immigration programs and the endless rules can get confusing.
osama bin laden's son and law is in federal court -- the federal system today, was read his miranda rights. he has never been designated. can you imagine what a sum of bin laden's son in law can tell us about the terrorist organization put he was the spokesman after 9/11. there is a disturbing pattern of not gathering intelligence when that opportunity exists. they care very much. i have to go. we will go next door to answer any questions that you have about the act by and we are going to...
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this is really the latest surrounding him right now we're not sure exactly whether or not he was his miranda rights were read to him that was been causing lots of debate earlier but certainly the charges have been brought to the case goes from here and as i had mentioned earlier on a stock to a lot of people are not happy with the fact that the white house thought that he will be charged in civilian court senator lindsey graham and others talked about treating. as an enemy combatant in order to gain information from him. when the public safety exception is stars and well here's this man in my view should be designated as a potential enemy combatant. but then he went on to say that he wants a federal trial in the u.s. court with him tried as a u.s. citizen and senator graham says that joe is not eligible for military commission trials so how do these two trials kind of differ can you give us some insight. when they can certainly if there's been much debate surrounding the way the hearts of should be tried certainly a lot of mostly republican lawmakers were advocating for him to be true. it is
this is really the latest surrounding him right now we're not sure exactly whether or not he was his miranda rights were read to him that was been causing lots of debate earlier but certainly the charges have been brought to the case goes from here and as i had mentioned earlier on a stock to a lot of people are not happy with the fact that the white house thought that he will be charged in civilian court senator lindsey graham and others talked about treating. as an enemy combatant in order to...
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. ♪ pair bill: should they not have read his miranda rights to him yesterday if that is the case? do you leave the door of legal opportunity open a while longer. >> there are two separate issues. the public safety exception applies regardless of the type of offense that the government is investigating, and using the public safety exception is recognized by the united states supreme court. it's a lawful way of trying to get information in a very short window of time tinge le particularly when you're concerned about public safety issues as the investigators certainly were as a result of the horrific acts that the bombing suspects, the bombing defendants who are h are accused of. bill: this is a guy to lived here more than ten years. came here 2002 if memory serves. your case with richard reid he was far from an american citizen, he was far from even making a home here. what have we done in 12 years? make sure that the prosecutions can be successful? >> i would suggest that we should be using all the tools that both the united states supreme court has indicated are available in order
. ♪ pair bill: should they not have read his miranda rights to him yesterday if that is the case? do you leave the door of legal opportunity open a while longer. >> there are two separate issues. the public safety exception applies regardless of the type of offense that the government is investigating, and using the public safety exception is recognized by the united states supreme court. it's a lawful way of trying to get information in a very short window of time tinge le particularly...
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hadtimes square bomber, he pakistan and taliban ties and he was read his miranda rights and designated to enemy combatants. the son-in-law of osama bin laden is in the federal system today. he was read his rights. he has never been designated enemy combatants. can you imagine what osama bin laden's son-in-law catullus about the terrorist organization? he was the spokesman for al qaeda after 9/11. there's a disturbing pattern here of not gathering intelligence when the opportunity exists. thank you very much. i have to go. to answer next door any questions you have about the fbi. we will observe a moment of silence with the folks in boston. [captioning performed by national captioning institute] [captions copyright national cable satellite corp. 2013] >> stakeholders from various industries and advocacy groups testified on capitol hill about the pros and cons of the senate gang of eight immigration bill. senator mccain, chuck schumer, dick durbin, lindsey graham, robert menendez, marco rubio, jeff blake, and michael bennet are the architects of the legislation. the first witness will be
hadtimes square bomber, he pakistan and taliban ties and he was read his miranda rights and designated to enemy combatants. the son-in-law of osama bin laden is in the federal system today. he was read his rights. he has never been designated enemy combatants. can you imagine what osama bin laden's son-in-law catullus about the terrorist organization? he was the spokesman for al qaeda after 9/11. there's a disturbing pattern here of not gathering intelligence when the opportunity exists. thank...